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Notwithstanding any part of this ordinance or any permit granted, or any variance granted by the Board of Adjustment; no type of structure, vehicle, tree, planting, vegetation, sign, or fence or any type of obstacle or any portion thereof shall be placed or retained in such a manner which would create a traffic hazard or would obstruct the vision clearance at corners, curb cuts, or railroad crossings in any zone.
Electrical transformer stations, gas regulator stations, sewage and water treatment plants, pumping stations, standpipes for public water supply and other similar utility uses may be located in any zone subject to the approval of the Board of Adjustment as set forth in Section 9.13 of this ordinance. The location of such facilities shall be in accordance with Kentucky law and the following requirements shall be complied with:
A. Such facilities shall be essential for the immediate area or for the proper functioning of the total utility system of which the above element is a part.
B. A building or structure, except an enclosing fence, shall be set back at least fifty (50) feet from any property line.
C. Such facilities shall be enclosed by a protective fence as regulated by Article XII.
D. Open spaces on the premises shall be suitably landscaped and maintained and a screening area according to Section 9.16 of this ordinance may be required in and along any yard.
E. The storage of vehicles and equipment on the premises, unless enclosed or screened, shall be prohibited.
F. The surrounding area shall not be adversely affected by, and shall be protected from noise, odor, glare, dust, gas, smoke and vibration by such suitable means and conditions as the Board of Adjustment may specify.
Railroad rights of way, exclusive of such uses as marshaling yards, passenger and freight terminals, maintenance shops, fueling facilities and round houses, may be located in any zone of this ordinance providing said rights of way meet the requirements of those sections of the Kentucky State Law which regulates such uses.
Notwithstanding other provisions of this ordinance, no governmental entity or other person or entity shall strip, excavate, fill, or otherwise move soil for sale or for any other purpose, except for minor changes such as the filling of small pockets in lots, flower beds and other similar operations, in any zone set forth in this ordinance without first insuring that all requirements of the Subdivision Regulations of the City of Newport, if applicable, have been fulfilled and then obtaining a permit from the Building Department for such stripping, excavating, filling, or other means of soil movement. The Building Department shall issue the required permit only after being informed by letter from the City of Newport's Engineer that the resulting change of grade in the affected area will not be against the best interests of the local area. The provisions of this section shall not be construed to prohibit normal excavation or grading incidental to the construction or alteration of a building on the premises for which a building permit has been granted as required otherwise in this ordinance, but shall include all road cuts thereto.
No rubbish, salvage materials, junk or miscellaneous refuse shall be openly stored or kept in the open and no weeds shall be allowed to go uncut within any zone when the same may be construed to be a menace to public health and safety by the appropriate Health Department, or have a depressing influence upon property values in the neighborhood, in the opinion of the Zoning Administrator. Regular salvage and junkyards shall be adequately enclosed with a solid fence or wall as regulated by Article XII of this ordinance and an approved permanent planting screen may be required as regulated in Section 9.16 of this ordinance.
No person shall operate or cause to operate any junkyard which is situated closer than two thousand (2,000) feet to the center line of any county, state, federal or limited access highway or turnpike, including bridges and bridge approaches unless a permit for such operation shall have been obtained from Kentucky Department of Highways in accordance with KRS 177.905 to 177.950.
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